Georgia Court of Appeals ruling this month: Delta-8 THC, Delta-10 THC, and other hemp-derived cannabinoids are not controlled substances
What does the ruling mean and what led to it?
Over the past couple of years, businesses selling these products have been subject to police raids based on alleged violation of state law prohibiting the possession of a controlled substance with the intent to distribute. In February 2022, Elements Distribution was subject to one such raid—even though the products it sold were legal according to the company’s attorney. While the state conceded that non-edible products containing delta-8 and delta-10 THC were not controlled substances, the authorities maintained that the edibles containing Delta-8 THC and Delta-10 THC were controlled substances. The Court agreed with Elements that delta-8 and delta-10 THC were not controlled substances regardless of whether the substances were included in edible or non-edible products. The Court, therefore, granted Elements’ petition for return of the items seized. Note, however, that this case is not yet over as the state may still appeal the Court of Appeals decision to the Georgia Supreme Court.
Also in Georgia: pursuant to the medical marijuana program, independent pharmacies are now allowed to sell cannabis oil as long as the oil is “low-THC” cannabis oil. Qualifying patients prescribed cannabis oil are permitted to possess no more than 20 ounces of the low-THC oil and products.
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